SENATE AMENDED
PRIOR PRINTER'S NO. 1955
PRINTER'S NO. 3666
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1538
Session of
2019
INTRODUCED BY WHITE, PICKETT, T. DAVIS, BERNSTINE, IRVIN, PYLE,
READSHAW, STRUZZI, KAUFER, MOUL, LAWRENCE, DeLUCA, MASSER,
GILLEN, QUINN, MEHAFFIE AND FARRY, JUNE 3, 2019
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED, APRIL 29, 2020
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in Pennsylvania Board of Probation and
Parole, further providing for parole procedure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6139(a) of Title 61 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs to read:
SECTION 1. SECTION 6139(A) AND (B) OF TITLE 61 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, AMENDED DECEMBER 18, 2019
(P.L.776, NO.115), ARE AMENDED TO READ:
§ 6139. Parole procedure.
(a) Specific requirements.--
* * *
(1) THE BOARD MAY, SUBJECT TO THE PROVISIONS AND
LIMITATIONS SET FORTH IN SECTION 6138 (RELATING TO VIOLATION
OF TERMS OF PAROLE), GRANT PAROLES OF ITS OWN MOTION WHENEVER
IN ITS JUDGMENT THE INTERESTS OF JUSTICE REQUIRE THE GRANTING
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OF THESE PAROLES.
(2) THE BOARD SHALL CONSIDER APPLICATIONS FOR PAROLE BY
AN INMATE OR THE INMATE'S ATTORNEY.
(3) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (2), THE
BOARD SHALL NOT BE REQUIRED TO CONSIDER NOR DISPOSE OF AN
APPLICATION BY AN INMATE OR AN INMATE'S ATTORNEY WHERE A
PAROLE DECISION HAS BEEN ISSUED BY THE BOARD ON THAT CASE
WITHIN ONE YEAR OF THE DATE OF THE CURRENT APPLICATION FOR
PAROLE.
(3.1) NOTWITHSTANDING PARAGRAPHS (2) AND (3), THE BOARD
SHALL NOT BE REQUIRED TO CONSIDER NOR TO DISPOSE OF AN
APPLICATION BY AN INMATE OR AN INMATE'S ATTORNEY IN THE CASE
OF AN INMATE SENTENCED UNDER 18 PA.C.S. § 1102.1 (RELATING TO
SENTENCE OF PERSONS UNDER THE AGE OF 18 FOR MURDER, MURDER OF
AN UNBORN CHILD AND MURDER OF A LAW ENFORCEMENT OFFICER) IF A
PAROLE DECISION HAS BEEN ISSUED BY THE BOARD WITHIN FIVE
YEARS OF THE DATE OF THE CURRENT APPLICATION.
(3.2) NOTHING UNDER THIS SECTION SHALL BE INTERPRETED AS
GRANTING A RIGHT TO BE PAROLED TO ANY PERSON, AND A DECISION
BY THE BOARD AND ITS DESIGNEES RELATING TO A PERSON SENTENCED
UNDER 18 PA.C.S. § 1102.1 MAY NOT BE CONSIDERED AN
ADJUDICATION UNDER 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO
PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH.
A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY
ACTION).
(3.3) The following apply:
(i) Notwithstanding the provisions of paragraphs (2)
and (3), if a parole decision has been issued by the
board within three years of the date of the current
application, the board shall not be required to consider
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nor dispose of an application by an inmate or an inmate's
attorney in the case of an inmate sentenced under any of
the following provisions of 18 Pa.C.S. (relating to
crimes and offenses):
SECTION 2502(C) (RELATING TO MURDER).
SECTION 2503 (RELATING TO VOLUNTARY
MANSLAUGHTER).
Section 2901(a.1) (relating to kidnapping).
Section 3011(b) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude).
Section 3121 (relating to rape).
Section 3122.1(b) (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate
sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2(a.1) (relating to institutional
sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 3126(a)(7) (relating to indecent
assault).
Section 4302(b) (relating to incest).
(ii) Nothing under this paragraph shall be
interpreted as granting a right to be paroled to any
person, and a decision by the board and its designees
relating to a person sentenced to an offense as set forth
under this subsection may not be considered an
adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch.
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A.
(3.4) The following apply:
(i) Notwithstanding the provisions of paragraphs (2)
and (3), if a parole decision has been issued by the
board within three years of the date of the current
application, the board shall not be required to consider
nor dispose of an application by an inmate or an inmate's
attorney in the case of an inmate designated as a
sexually violent predator under 42 Pa.C.S. Ch. 97 Subch.
H (relating to registration of sexual offenders) or I
(relating to continued registration of sexual offenders).
(ii) Nothing under this section shall be interpreted
as granting a right to be paroled to any person, and a
decision by the board and its designees relating to a
person designated as a sexually violent predator may not
be considered an adjudication under 2 Pa.C.S. Chs. 5
Subch. A and 7 Subch. A.
(4) HEARINGS OF APPLICATIONS SHALL BE HELD BY THE BOARD
WHENEVER IN ITS JUDGMENT HEARINGS ARE NECESSARY. REASONABLE
RULES AND REGULATIONS SHALL BE ADOPTED BY THE BOARD FOR THE
PRESENTATION AND HEARING OF APPLICATIONS FOR PAROLE.
(5) WHENEVER AN INMATE IS PAROLED BY THE BOARD, WHETHER
OF ITS OWN MOTION OR AFTER HEARING OF AN APPLICATION FOR
PAROLE, OR WHENEVER AN APPLICATION FOR PAROLE IS REFUSED BY
THE BOARD, A BRIEF STATEMENT OF THE REASONS FOR THE BOARD'S
ACTION SHALL BE FILED OF RECORD IN THE OFFICES OF THE BOARD
AND SHALL BE AT ALL REASONABLE TIMES OPEN TO PUBLIC
INSPECTION.
(6) IN NO CASE SHALL A PAROLE BE GRANTED, OR AN
APPLICATION FOR PAROLE BE DISMISSED, UNLESS A BOARD MEMBER,
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HEARING EXAMINER OR OTHER PERSON SO DESIGNATED BY THE BOARD
SHALL HAVE SEEN AND HEARD THE PAROLEE IN PERSON IN REGARD
THERETO WITHIN SIX MONTHS PRIOR TO THE GRANTING OR DISMISSAL
THEREOF. THIS REQUIREMENT DOES NOT APPLY TO PAROLES UNDER
SECTION 6137.1 (RELATING TO SHORT SENTENCE PAROLE).
(7) THE BOARD SHALL DISPOSE OF THE APPLICATION WITHIN
SIX MONTHS OF ITS FILING.
(B) RELIANCE ON REPORTS.--IN GRANTING AND REVOKING PAROLES
AND IN DISCHARGING FROM PAROLE, THE MEMBERS OF THE BOARD ACTING
THEREON SHALL NOT BE REQUIRED TO PERSONALLY HEAR OR SEE ALL THE
WITNESSES AND EVIDENCE SUBMITTED TO THEM FOR THEIR ACTION, BUT
THEY MAY ACT ON THE REPORT SUBMITTED TO THEM BY THEIR AGENTS AND
EMPLOYEES, TOGETHER WITH ANY PERTINENT AND ADEQUATE INFORMATION
FURNISHED TO THEM BY FELLOW MEMBERS OF THE BOARD OR BY OTHERS.
IN GRANTING OR REVOKING PAROLE OR BRINGING AN ALLEGED PAROLE
VIOLATOR BEFORE A HEARING EXAMINER, THE APPEARANCE MAY BE
CONDUCTED VIA VIDEOCONFERENCING OR SIMILAR VIRTUAL PRESENCE
TECHNOLOGY. [THIS SUBSECTION SHALL NOT APPLY TO VICTIM INPUT
UNDER SECTION 6140 (RELATING TO VICTIM STATEMENTS, TESTIMONY AND
PARTICIPATION IN HEARING).] NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, A HEARING EXAMINER, HEARING OFFICER OR
MEMBER OF THE BOARD CHARGED WITH MAKING THE PAROLE RELEASE
DECISION SHALL BE REQUIRED TO HEAR AND SEE IN PERSON, WITHOUT
THE USE OF VIDEOCONFERENCING OR SIMILAR VIRTUAL PRESENCE
TECHNOLOGY, ANY IN-PERSON VICTIM TESTIMONY UNDER SECTION 6140
(RELATING TO VICTIM STATEMENTS, TESTIMONY AND PARTICIPATION IN
HEARING) OR UNDER SECTION 502(B) OF THE ACT OF NOVEMBER 24, 1998
(P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT . NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO LIMIT OR REDUCE THE RIGHTS OF
VICTIMS UNDER SECTION 6140 OR UNDER SECTION 502(B) OF THE CRIME
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VICTIMS ACT.
* * *
Section 2. The addition of 61 Pa.C.S. § 6139(a)(3.3) and
(3.4) shall apply to all of the following:
(1) Individuals convicted of an offense set forth in 61
Pa.C.S. § 6139(a)(3.3) before the effective date of this
section who remain under the jurisdiction of the Department
of Corrections.
(2) Individuals who commit an offense set forth in 61
Pa.C.S. § 6139(a)(3.3) on or after the effective date of this
section.
(3) Individuals, before or after the effective date of
this section, who:
(i) commit an offense subject to 42 Pa.C.S. Ch. 97
Subch. H or I;
(ii) are designated as sexually violent predators;
and
(iii) are under the jurisdiction of the Department
of Corrections.
Section 3. This act shall take effect immediately.
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